Fire pit rules in Albuquerque, NM — also called outdoor burning, recreational fire, or open flame ordinances — cover fuel types, clearances, and when burning is allowed.
Permanently installed outdoor fireplaces, permanent outdoor recreational fire rings, barbecue pits and portable fireplaces are exempt from the open-burning permit under Albuquerque Fire Code Section 307.2 Exception 2. They must still follow recreational-fire setbacks and may not be used during a declared burn ban.
The Albuquerque Fire Code (the city's adopted version of the International Fire Code) treats fixed and portable backyard fire features as conditionally allowed without a permit. Section 307.2 Exception 2 covers 'Burning in permanently installed outdoor fireplaces, permanent outdoor recreational fire rings, barbeque pits, and portable fire places.' A 'permanent outdoor recreational fire ring' is defined in Section 302/3302 as 'An area close to the surface of the ground that is ringed by brick, rock or other noncombustible material and imbedded in concrete,' while 'permanent outdoor fireplaces' are 'those fireplaces having a chimney that are made of masonry or reinforced concrete and are permanent structures.' When used for an open recreational fire, the feature must observe the recreational-fire setback (25 feet from a structure or combustible material), keep pile/fuel size to no larger than 3 feet in diameter and 3 feet high, and be constantly attended until completely extinguished. Portable outdoor fireplaces must be used per the manufacturer's instructions and not within 15 feet of a structure. The Fire Chief may suspend all of these uses during a burn ban under Section 307.6 (City Ordinance O-2011-018).
Use of a backyard fire feature in violation of the Fire Code or during a declared burn ban is a fire-code violation enforced by the Albuquerque Fire Department / Fire Marshal's Office; the fire code official may order the fire extinguished and pursue penalties under Chapter 50 of the Fire Code.
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